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(영문) 춘천지방법원 강릉지원 2014.01.07 2013노536
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment without prison labor for eight months and the suspension of execution for two years, and the community service order for eight hours) of the lower court is too unreasonable.

2. The judgment is favorable to the defendant, such as that the defendant paid 25 million won to the bereaved family members of the victim and agreed that the bereaved family members of the victim did not want the punishment for the defendant, that the defendant was the first offender and his mistake is divided, and that the victim committed an error of walking along the crosswalk without any signal signal lights without considering the front and rear left, etc.

However, in full view of all the sentencing conditions, including the fact that the defendant was grossly negligent in violating the duty to protect pedestrians in the crosswalk and the victim died, the sentence of the court below cannot be deemed to be too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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